Does the Court of Appeal err in refusing an instruction from the trial court on the lesser offense of attempted voluntary manslaughter?

The conclusion reached by the majority that the trial court did not err in refusing an instruction requested by McAlroy on the lesser offense of attempted voluntary manslaughter is premised on the holding in People v. Spurlin, supra, 156 Cal.App.3d at p. 128, 202 Cal.Rptr. 663, to the effect that the judicially created concept of "non-statutory" manslaughter was eliminated with the abrogation of the diminished capacity defense through the passage of Proposition 8. Even though the elimination of the crime of "non-statutory" voluntary manslaughter may have been one of the objectives of the promoters of Proposition 8, there is a serious question as to whether that objective was actually accomplished.